People v. Labrusciano

Appellate Division of the Supreme Court of New York

People v. Labrusciano

293 A.D.2d 688, 740 N.Y.S.2d 638, 2002 N.Y. App. Div. LEXIS 3908

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 22, 2002

StatusPublished

This text of 293 A.D.2d 688 (People v. Labrusciano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Labrusciano, 293 A.D.2d 688, 740 N.Y.S.2d 638, 2002 N.Y. App. Div. LEXIS 3908 (N.Y. Ct. App. 2002).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered March 24, 1998, convicting him of attempted burglary in the second degree, criminal mischief in the fourth degree, and attempted petit larceny, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial in the light most favor[689]*689able to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Santucci, J.P., Friedmann, H. Miller and Schmidt, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered March 24, 1998, convicting him of attempted burglary in the second degree, criminal mischief in the fourth degree, and attempted petit larceny, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial in the light most favor[689]*689able to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Santucci, J.P., Friedmann, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

293 A.D.2d 688, 740 N.Y.S.2d 638, 2002 N.Y. App. Div. LEXIS 3908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-labrusciano-nyappdiv-2002.

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